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E-Discovery Service Types
SaaS-based: To some, “e-discovery in the cloud” means using the cloud to deliver tools used for e-discovery. SaaS packages typically cover one of several e-discovery tasks, such as collection, preservation, or review.
Hosted e-discovery (provider): In the cloud, e-discovery can also mean hiring a hosted services provider to conduct e-discovery on data stored in the cloud. Typically, the customer stores data in the cloud with the understanding and mechanisms to support the cloud vendor doing the e-discovery. Where the provider is not able to resource or provide the e-discovery, they may outsource to a credible or trusted provider.
Data stored in the cloud: Finally, data that has been stored in cloud environments, without any prior notifications or arrangements with the cloud provider for an e-discovery review/investigation. This typically involves a third party or specialized resources operating on behalf of the customer.
Legal Terms
Agent of the government: A private citizen becomes an agent of the government when they perform an act that the government would need a warrant for, such as a search and seizure. Under those circumstances, the citizen must follow the same rules as the government.
Warrant: A warrant is issued to law enforcement by a judge on presentation of appropriate probable cause, which enforces the arrest of an individual, acquisition of property, or other authorized court action.
Subpoena: A subpoena can be issued by an attorney with a material interest in the case. The subpoena is deemed issued by an officer of the court and must be obeyed in much the same manner as a warrant.
Doctrine of plain view: In some U.S. states, a law enforcement officer may seize evidence without a search warrant if they can see it without making entry to where the evidence resides. This applies in digital forensic searches because it is necessary to perform various kinds of searches on digital evidence that may reveal evidence of a crime not noted in the warrant.
Extradition: Many countries support a formal process whereby one country transfers a suspected or convicted criminal to another country. This process generally includes:
- The act must be a crime punishable in each country.
- The countries must have a treaty or agreement between them.
- The penalty or punishment must generally be equal in each country and not include torture, degrading treatment, or in many instances the death penalty.
Jurisdiction: The practical authority granted to a legal body to administer justice within a defined area of responsibility. In most cases, it refers to a geographic area or territory over which a court has authority. International jurisdiction may be extremely complex and be defined by treaties, international law, and other conventions. Internationally, a court’s jurisdiction may be different depending on whether the crime is against a person or real or intellectual property.
Harmonization of law: Specifically, in relation to the European Union, harmonization of law (or simply “harmonization”) is the process of creating common standards across the internal market. It is designed to incorporate different legal systems under a basic framework. An example of harmonization may be illustrated by the use of directives in the European Union.
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